IPC 314→BNS 90

IPC 314 to BNS 90: Death caused by act done with intent to cause miscarriage

Section 314 IPC (1860) replaced by Section 90 BNS (2023)

View IPC Section 314 →View BNS Section 90 →

IPC 314 to BNS 90 at a Glance

Section 314 IPC (Death caused by act done with intent to cause miscarriage) is now Section 90 BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.

What Changed From IPC 314 to BNS 90?

Section 314 IPC is now Section 90 BNS. The provision is now divided into two sub-sections. Sub-section 1 punishes the base offence with imprisonment of either description for up to ten years and liability to fine, and sub-section 2 punishes the act done without the consent of the woman with imprisonment for life or the punishment in sub-section 1. The Explanation is retained.

IPC 314 vs BNS 90: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section31490
OffenceDeath caused by act done with intent to cause miscarriageSame
PunishmentImprisonment of either description for up to ten years; if the act is done without the consent of the woman, imprisonment for life, or as above.Same
FineThe offender is also liable to fine under the first limb.Same
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByCourt of SessionSame

IPC 314 and BNS 90: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 314, IPC 1860

314. Death caused by act done with intent to cause miscarriage.—Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; if act done without woman's consent.—and if the act is done without the consent of the woman, shall be punished either with imprisonment for life, or with the punishment above mentioned. Explanation.—It is not essential to this offence that the offender should know that the act is likely to cause death.
BNS 2023 (in force)

Section 90, BNS 2023

(1) Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. (2) Where the act referred to in sub-section (1) is done without the consent of the woman, shall be punishable either with imprisonment for life, or with the punishment specified in said sub-section. Explanation.—It is not essential to this offence that the offender should know that the act is likely to cause death.

Ingredients: IPC 314 vs BNS 90

Under IPC 314
  1. The woman was with child
  2. The accused did an act with the intent to cause her miscarriage
  3. The act caused the death of the woman
  4. Under the Explanation, proof that the accused knew death was likely is not essential
Under BNS 90
  1. Doing an act with intent to cause the miscarriage of a woman with child
  2. The act causes the death of the woman
  3. Enhanced punishment where the act is done without the consent of the woman
  4. The offender need not know that the act is likely to cause death

What IPC 314 to BNS 90 Means for Pending Cases

For Section 314 IPC (now Section 90 BNS): an act done before 1 July 2024 is prosecuted under Section 314 IPC, and an act done on or after that date under Section 90 BNS. Because the offence is cognizable, the police may register a first information report and arrest without a warrant.

FAQs: IPC 314 to BNS 90

What is the BNS equivalent of Section 314 IPC?▼

Section 90 BNS replaces Section 314 IPC, dividing the substantive provisions into sub-sections 1 and 2 while preserving identical punishments.

Is knowledge that the act would cause death necessary under Section 314 IPC?▼

No. The Explanation specifically establishes that it is not essential that the offender knew the act was likely to cause death.

Does Section 314 IPC or Section 90 BNS apply to an act done before 1 July 2024?▼

Acts taking place prior to 1 July 2024 are prosecuted under Section 314 IPC, whereas subsequent acts are governed by Section 90 BNS.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·